KERALA PUBLIC SERVICE COMMISSION Vs. HIMA K. S

JUDGEMENT

(1.) A notification was issued for the post of Last Grade Servants in various departments in 14 districts, including Thrissur district, by the Kerala Public Service Commission (PSC) on 12/05/2017. The ranked list came into force on 30/06/2018. The ranked list was due to expire on 29/06/2021. The PSC extended the validity period of the ranked list due to the outbreak of COVID-19 up to 04/08/2021. However, taking note of the COVID pandemic and based on different challenges before this Court and the Tribunal, the ranked list period was extended and finally expired on 29/09/2021. On 02/08/2021, the office of the Deputy Director of Education, Thrissur, reported 11 vacancies for the post of Office Assistants in Thrissur district. It was mentioned in the proforma that these 11 vacancies were anticipated vacancies. On 04/08/2021, a request was made from the office of the Deputy Director of Education, Thrissur, to revoke 8 vacancies out of the 11 vacancies reported. It was stated that out of those who were promoted as Lab Assistants from the post of Office Assistants, 8 had relinquished their promotion, and therefore, only 3 vacancies exist. Accordingly, it was requested that Proforma ID 21505, dtd. 02/08/2021, be revoked in respect of 11 vacancies. On 03/08/2021, another proforma was forwarded from the office of the Education Department, reporting 11 vacancies. This proforma stated that 11 vacancies existed as on 01/08/2021. The PSC, acting on a letter dtd. 04/08/2021, advised on 3 vacancies. Thereafter, it is seen that on 22/11/2021, a request was made from the Deputy Director of Education to issue advice for 8 vacancies; PSC did not act on that request.

(2.) The respondents are the applicants before the Tribunal. They were included in the ranked list for appointment as Office Assistants in Thrissur District. They approached the Tribunal, seeking a direction to the PSC to issue advice for vacancies based on the Proforma for reporting vacancies issued by the Deputy Director of Education.

(3.) The PSC took the stand that they issued advice for 3 substantive vacancies, and 8 out of the 11 vacancies arose after 03/08/2021; and since the ranked list expired on 04/08/2021, they cannot issue advice for the subsequently arisen vacancies. The case was filed in the year 2022. If the ranked list expired on 04/08/2021, PSC was justified in its stand.